Decision 4 (54) on the Democratic Republic of the Congo : Democratic Republic
of the Congo. 19/03/99.
Convention Abbreviation: CERD
COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Decision 4 (54) on the Democratic Republic of the Congo
1. The Committee on the Elimination of Racial Discrimination reviewed again the situation in the Democratic Republic of the Congo in the context of the principles and objectives of the International Convention on the Elimination of All Forms of Racial Discrimination. As a result of this review, it is deeply concerned about the persistence, in flagrant violation of the Convention, of ethnic conflicts which are in general inspired by the policy of ethnic cleansing and may constitute acts of genocide.
2. Having received no information regarding implementation of the measures recommended by various international bodies, the Committee recalls its decisions 3 (51), 1 (52) and 4 (53) and especially the repeated recommendations of the Commission on Human Rights, and supports the communiqué issued by the Central Organ of the Mechanism for Conflict Prevention, Management and Resolution of the Organization of African Unity at its fourth ordinary session in December 1998. In this connection, it strongly urges all the participants in the Congolese conflict to ensure the immediate cessation of all hostilities, an end to the persistent campaign of incitement to racial and ethnic hatred, and the prompt conclusion of the conflict through a negotiated peaceful settlement between the parties. It is, moreover, essential for the Government of the Democratic Republic of the Congo to cooperate in the achievement of these goals with the Office of the United Nations High Commissioner for Refugees in Kinshasa.
3. Furthermore, the Committee supports the recommendations made by the Special Rapporteur of the Commission on Human Rights in his latest report (E/CN.4/1999/31, paras. 134-146). It shares the view that the persons responsible for serious violations of human rights, and especially of the International Convention on the Elimination of All Forms of Racial Discrimination, cannot be allowed to go unpunished.
4. The Committee also requests the Government of the Democratic Republic of the Congo to cooperate effectively, without creating obstacles or hindrances, in the work of the international investigators, whose sole aim is to secure the full observance of human rights and, in particular, of the International Convention on the Elimination of All Forms of Racial Discrimination, and to provide for a fair trial of those responsible for the violations by independent and impartial tribunals. It calls for an end to the persecution and harassment especially of members of non-governmental organizations, journalists, human rights advocates and political leaders.
5. The Committee, while supporting the statements made by the President of the Security Council, draws the attention of the Security Council, through the Secretary-General of the United Nations, to the situation persisting in the Democratic Republic of the Congo and to the need for the Council to adopt timely and effective measures to overcome the conflict, thereby contributing to the observance of human rights and, consequently, of the Convention. To this end, the Committee calls the attention of the Security Council, through the Secretary-General of the United Nations, to the need to cease the intervention of the Governments of other countries which are in one way or another participating in the struggle waged in the Democratic Republic of the Congo, as well as the illegal arms traffic into Congolese territory.
6. The Committee decides to keep this matter on its agenda under the item concerning prevention of racial discrimination, including early warning and urgent procedures. It hopes to receive information on compliance with the present decision.
19 March 1999